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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

My wife and I were married less than a month ago, in Colombia, where she is a citizen. I haven't even filed an I130 yet, but plan to do so in the next few weeks. I have a feeling she may eventually be denied a visa for an overstay in the US. She moved to the US with her family when she was 9 years old, but remained in the US after her visa expired, which she thinks was when she was 14. She moved back to Colombia when she was 30 under advice from her mother and sister, who thought she would just be able to go back and get a new visa, but it isn't so simple. She applied at the embassy for a tourist visa 3 years ago and was informed that because of her overstay she is subject to a 10 year ban. Her father passed away 10 years ago and her mother, brother and sister still live in the US, all legally now. She has been living in Colombia for 5 years now, with her 11 year old USC son, from a previous marriage. Will she be denied a visa and have to file for a waiver, being the wife of and mother of USC's. I am just trying to prepare myself ahead of time for things we may have to deal with. I am new to the site and have learned a lot from what I have read here, but have not yet read about a situation like ours. Any help would be appreciated

Posted

Check out immigrate2us.net for more info on waivers. There are a few knowledgeable users here, especially emt103c, but she may be at the other site more frequently than she is here. You could also do a free consult with Heather Poole at humanrightsattorney.com. Best of luck to you. And keep checking back here and let us know how it is going.

R.I.P Spooky 2004-2015

Posted
Check out immigrate2us.net for more info on waivers. There are a few knowledgeable users here, especially emt103c, but she may be at the other site more frequently than she is here. You could also do a free consult with Heather Poole at humanrightsattorney.com. Best of luck to you. And keep checking back here and let us know how it is going.

My husband has a 10 year ban... we needed to file an I-212 and an I-601.

Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
Check out immigrate2us.net for more info on waivers. There are a few knowledgeable users here, especially emt103c, but she may be at the other site more frequently than she is here. You could also do a free consult with Heather Poole at humanrightsattorney.com. Best of luck to you. And keep checking back here and let us know how it is going.

My husband has a 10 year ban... we needed to file an I-212 and an I-601.

Why do you need to file the I-212? Was he deported or did he commit a crime? I thought overstaying for 180 days+ you file I-601... someone please clarify!

Posted (edited)
Check out immigrate2us.net for more info on waivers. There are a few knowledgeable users here, especially emt103c, but she may be at the other site more frequently than she is here. You could also do a free consult with Heather Poole at humanrightsattorney.com. Best of luck to you. And keep checking back here and let us know how it is going.

My husband has a 10 year ban... we needed to file an I-212 and an I-601.

Why do you need to file the I-212? Was he deported or did he commit a crime? I thought overstaying for 180 days+ you file I-601... someone please clarify!

He was deported but no other criminal records. The I-212 is asking permission to be readmitted to the United States. He was found inadmisable due to his overstay in the US. The 601 is a hardship waiver. Read immigrate2us. you can find out alot about waivers there.

A friend of mine has a husband who had a voluntary departure. They had to file both waivers also. He overstayed 5 years. All cases are different.

each waiver costs $545.00 to file.

Edited by esposadetucho

Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







  • 4 years later...
Posted

Check out immigrate2us.net for more info on waivers. There are a few knowledgeable users here, especially emt103c, but she may be at the other site more frequently than she is here. You could also do a free consult with Heather Poole at humanrightsattorney.com. Best of luck to you. And keep checking back here and let us know how it is going.

Hi Spookyturtle,

I was just wondering which lawyer you would suggest for filing of I601? Heather Poole or Laurel Scott?

Your help is highly appreciated. Thank you very much.

Posted

Hi Spookyturtle,

I was just wondering which lawyer you would suggest for filing of I601? Heather Poole or Laurel Scott?

Your help is highly appreciated. Thank you very much.

I answered your pm. For anyone else interested, Heather and Laurel are both excellent lawyers. Heather built her practice from square one doing waivers. She has statistics on which countries, how many waivers filed, success rate etc.

R.I.P Spooky 2004-2015

Filed: Timeline
Posted

No I212 is needed if she departed on her own

She is eligible for waiver by having a qualifying

person to file, just talk to a waiver atty. some

does free consults...U can use one from any state

as the process is Federal, Poole, Scott, Ellis &

Cannon seem to be very successful waiver attys.

Good luck

 
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